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(영문) 부산지방법원 2020.01.15 2019가합923
동대표회장 및 감사 선출 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2017, the Plaintiff is the Plaintiff’s “instant apartment” (hereinafter “instant apartment”).

(2) The Defendant is an institution organized by occupants, etc. (referring to occupants and users of the instant apartment) of the instant apartment pursuant to Article 15 of the Multi-Family Housing Management Act to take charge of election management affairs concerning the enactment and amendment of the election management rules of the instant apartment, the appointment and dismissal of representatives of buildings or the chairperson and auditors of the council of occupants' representatives, etc. on October 24, 2017.

B. On April 19, 2018, the Defendant publicly announced the candidate registration to elect the representative of the 22nd apartment building (the term of office from July 1, 2018 to June 30, 2020, the total number of 29 persons) of the 22nd apartment building of this case. 2) On May 14, 2018, the Defendant publicly announced the candidate registration (the election date on June 3, 2018) to elect the officers of the council of occupants' representatives (the president and the auditor) against the persons elected as the representatives of the 22nd apartment building of this case. At the time of the said public announcement, the following seven persons were elected as the representatives of the 22nd apartment building of this case:

On May 4, 2018, the elected in the election district as of the election date No. 1 EF 2 G Dong H 3, Dong H 3, Dong J 3, Dong J 4 on May 5, 2018, the voting of the defendant on June 3, 2018 as the chairperson of the council of occupants' representatives of the apartment of this case as of June 3, 2018, J, Q was elected, and Q were elected as the chairperson of the council of occupants' representatives of the apartment of this case, and the defendant announced that the elected person was elected as of June 9, 2018 as shown in the attached Form [based on recognition].] There is no dispute, Gap evidence No. 1, Eul evidence No. 1, 2, and 4 (if several are available, each number is included, the purport of the entire pleadings, and the purport of the whole pleadings.

2. The plaintiff's assertion

A. The apartment of this case, which is invalidated by the defendant's council of occupants' representatives.

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